Criminal Procedure Code, 1973, Section 107, 111, 482 -- Quashing of proceedings - Order of Magistrate initiating proceedings u/s.107 Cr.P.C. against accused on basis of police report shows that three criminal cases were registered against him - Nothing mentioned in report that after registration of those cases accused was involved in any other criminal activity for which..........
Criminal Procedure Code, 1973, Section 389(3), Indian Penal Code, 1860, Section 201 -- Execution of sentence - Suspension pending appeal - Accused all along was on bail during trial stage - No attempts made on part of prosecution to get bail of accused cancelled on any ground during trial stage - Order granting bail to accused during trial also not challenged - No special..........
Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 7, 13, 14, Criminal Procedure Code, 1973, Section 482 -- Immoral trafficking - Offence of carrying on prostitution - Quashing of criminal proceedings - Nothing on record to show that there is plurality and undiscriminated sexuality is involved - No case for prosecution that incident happened from notified area as..........
Indian Penal Code, 1860, Section 354, 451, Criminal Procedure Code, 1973, Section 320 -- Conviction u/ss 354, 451 IPC - Compromise during pendency of appeal - Incident took place way back in the year 2000 - Parties are neighbours and are staying peacefully since 2000 till date - Parties allowed to compound in order to accord quietus to the dispute and in the larger..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Dispute of civil nature - Necessary ingredients of a criminal offence not disclosed in the complaint or in the statements in support thereof so as to justify proceeding against the applicants - Proceedings quashed...........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of proceedings - Dispute relating to payment in respect of faulty goods sent for replacement by distributor to company and also dispute with regard to no, lifting of faulty goods by company for replacement - There has been payment of some amount by the..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Accused cannot be convicted on the ground that another reasonably view is also possible without holding that judgment of trial court acquitting the accused is based on no material or it is perverse or the view by the trial court is wholly unreasonable or it is not a plausible view or there is no,..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Not putting incriminating circumstance to accused - It is a serious lacuna which cannot be condoned...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154 -- Murder - FIR - Omission to mention name of accused - Effect - Witnesses stated about role of accused in crime during investigation - Held, merely because complainant did not suspect involvement of accused would not mean that he could not be named in charge-sheet - Thus, no, mentioning of..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 156 -- Investigation - Transfer to CBI - Held, not necessary to give an opportunity of hearing to proposed accused as a matter of course...........
